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HomeMy WebLinkAbout09/16/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 *** REVISED *** CITY COUNCIL AGENDA SEPTEMBER 16, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. None CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. SR304 Transportation Improvement Project, Change Order to Asbestos Removal No. 1 Contract B. Award of Contract for 36" Water Transmission Improvements - Gorst to Reservoir No. 4 C. Budget Adjustment No. 98-28 for 1998 Wastewater Fund D. Sale of Oyster Bay Avenue Property RESOLUTIONS A. Resolution #2670, in Support of Homeporting Nuclear Powered Aircraft Carriers #AB98-211 I #AB98-205 '~ #AB98-206 /~ #AB98-~07 #AB98-208 CITY COUNCIL MEETING September 16, 1998 Honorable Mayor Lynn Herren Bremerton City Council Members City Attorney Glenna Malanca City of Bremerton 239 4a Street Bremerton, WA 98337 RE: Rules~ Codes & Ordinance Enforcernent/"Neglect" Dear Honorable Ladies & Gentlemen: I have always been a promoter and champion of Bremerton. I come here today to convey to the Council, the Mayor and city Attorney my disenchantment of the "Enforcement and Compliance" to our City Ordinances, particularly, the lack of enforcement of weekly garbage pick-up and the accumulation of garbage at residences which become a health problem, and possibly create a downgrading of property values which can affect a whole neighborhood. It often takes months to get a non-operable car ticketed and towed away. It takes many contacts with the divisions of the Police Department to get any follow through. The ordinance states. .. "A car can not be stored on the streets of Bremerton over a time period of seventy-two (72) hours without b~ing moved or operable". Most often when you call the Park/ng Complaint dq~trtment you get a recording. If you leave your phone nuraber, you seldom get a return call about the complaint. The same problem occurs with Animal control .Enforcement. No return calls! Nothing is done to alleviate the problem. If you come to the Police Department window there is no one available to hear your complaint. I reported the do8 across the street was roaming the neighborhood, lying on the street, stopping cars, scattering stored garbage and was never tied up or fenced. Finally, the Animal Control lady came and left a message on the owner's door. The owner purchased a dog license and the problem was satisfied by Animal Control. When the Animal Control person returned a week lat~, I talked to her and said, "the problem has not been resolved". The lady looked at me and said nothing, I was polite and courteous to her when I explained for two or three minutes the problem. She said nothing -- (it made me feel I was imposing on her time and causing her to perform her job) -- the Dog still runs free! I will give you my observation and experience on neighborhood "Parking Violations". Halverson is a four (4) block street Near Sheridan Road there is a 32' Fleetwood Terry Trailer that has been on the stre~ close to a month. It is traffic hazard! there were yellow chalk marks on the street side tires, about two (2) weeks ago. It is still on the street today. On 31*t & Halverson, there is a "Yellow Van" parked at least 30' of the center radius. A definite traffic hazard! The Yellow Van has not been moved for well over a month. Police cars and Parking Enforcement Officers have driven by numerous times. Not even a warning ticket has been issued. It is not uncommon in Bremerton to see a car parked completely over the side or half over the sidewalk. We all know sidewalks are for pedestrians and the streets are for cars. School children and adults are often seen walking past in the street. This is wrong and dangerous. Complaint/LackofEnforconent Sept~,rl~ 1998 Page2of2 In my neighborhood there are at least four (4) parking violations that have been present for one (1) to six (6) months. If the car is licensed and not being operated that seems to be the criteria for no ticket. Yard sale and Garage sales have no enforcement or restrictions what-so-ever. I was told there is a three-day limit and two sales allowed a year. Some residences have on-going yard sales that last for weeks. (E.g.) across the street from the maple Leaf Tavern at 1730 Wheaton Way, a yard sale lasted for weeks. The unsold "junk" is still in the yard, bordering Wheaton Way. Not a very nice looldng scene. In conclusion, I think the Mayor and Council should appoint a "Compliance Supervisor" to handle Garbage Accumulation problems, yard sale abuses, and continual sales of automobiles, boats, tractors, lawnmowers and other large items which are obviously not household items no longer needed. Rules and Ordinances must be enforced and the City needs a "Hardball" Supervisor who sees to it that the City Staff in various departments follows through with the order. Lastly, I will tell you my biggest "Pet Peeve". It is the adopted "clich6" of the Downtown Redevelopment Association -- 'Believe tn Bremerton" has a Connotation of being a negative statement. It suggests that there must be a lot of folks who don't believe in Brem~rton. Why don't we say something positive like: BREMERTON. BEST LITTLE CITY FgEST OF THE ~ or WEST OF THE ROCKIES or ~rF_~T OF THE CASCADES or WEST OF SEATTLE. That's being positive! Who can contest that we aren't -- if w© say so -- we ar~! Sincerely, E.L.STURDIVANT, Citizen 3231 Halverson Blvd. Bremerton, WA 98310 (360) 377-4780 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: September 16, 1998 SR304 Transportation Improvement Project ORIGINATING DEPT: PW&U Engineering Div. Change Order to Asbestos Removal No. 1 Contract ORIGINATOR: Randy Witt, City Engineer DATE SUBMITTED: September 15, 1 2. CLEARANCES: (comment on back 3. EXHIBITS Director, Public Works/Utilities ~/ff~_, ~2~/9 ~ A. Change Order #1 City Treasurer (23Fca,~ ~_ ,/, __ Council Budget & Finance Committ~ Operations Committee ~t x APPROVED BY COUNCIL PRESDENT FOR SUBMITTAL: COUNCIL PRESDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On August 26, 1998 the City Council awarded the Asbestos Removal No. I Contract to Crown Delta in the amount of $49,165. As Crown Delta performed the work, additional asbestos was found in areas that were inaccessible in the initial investigation. The estimated cost to perform the additional asbestos removal is $ / Zy 8 yz Prompt approval of the change order is necessary to maintain the work schedule, Additionally, in accordance with BMC 2.76.500C0)(2) staff requests that the City Council provide the Mayor with additional change order authority for a total contract amount not to exceed $80,000. 8. RECOMMENDATION: a) That the City Council authorize and direct the Mayor to execute change order No. 1 to the SR304 Asbestos Removal No. 1 contract. b) That the Mayor is authorized to execute change orders on the SR304 Asbestos Removal No. 1 contract in an amount of $80,000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED 10. NOTICE OFACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Asbestos removal work on the buildings in the SR304 Transportation Improvement Project area will be delayed, which will then delay demolition of the structures. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The SR304 Transportation Improvement Project has adequate funding for the asbestos removal activities. 7. RESEARCH SOURCES 98363~bk CITY OF BI::iEMERTON - CHANuc ORDER Projec'[ Name ~__FI30~, TiP .,~Lbe,,~tos Rem~;~,t Ne. ~ Project No. A3¢08242 COntTac;or .. CrO..wn D~lt_a Enviroomenta~L Con'.racz Change Order ,KIo. Grig. Conwact Amt. ~ Prey. Appvd. Change~ Th;~ Change ~ ~84~ _= ._ R~vi~d Con~ract Amt. 9 62,007~O_ Days N/A Days, _ _ pays ,.4 _ :_ D~y~ 1q/2!98, This Change Order covers changes to the subject ccn~rac[ as ~le$cri~ed herei.q. T~e Conwac~o¢ shall construct. furnish equipmen~ and materials, and perform all work at necessary ur required to comFlete thc Change Order ~ems for a lump sum pdce agreed upon between the Contr3ctof and the City o¢ B~emer:on. Description cf Cha~es [hat were inacc~saib!e during ~:he initb¢ investigation. Removal of 1,350 ef of addition~l magnasits fJoodng ,,t:. and rnasti~ Ramevat of 1,637 ~f of vinW asbestos" ~ Removal of 700 sf of vi~y! a~bes~os Cie Removal of 100 sf of mastic bah{nd mirror in Popeye~ Tare rn Cor~zr~c~ Arnou Rt ~12,8,4..2 .OD ~ t 2,~42.0C, (Decrease} ir, Car, tract Amoun,: ~12,$42.00 ~x'~ension {daysl 4 days Totah~ Net change in contra¢~ amount tncre~se or {decrease) The undersigned Con[ractor approve~ the foregoing Change Order ~8 to the changes, if any, in The contract price specified for each item including any and al~ supervision costs and other mls~llaneeus cos~s rela~ing tC the change in work, end as ~o the extension of time allowed, if any, for completion of the er, tire work. on ~ecounf of said Change Order. The Contractor agrees to furnJs~ all labor and me~eria~s and perform all ozher work, tnolueive of t~e directly or indirectly ¢elat~ [o the a¢~roved time extension, required [o Change Order item~. This docu~sn~ w~H ~ecome a supplement of the c~ntract and all provisions will approved by the City of Breme~on. Da[e: ,, Approved: I0 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 36" WATER TRANSMISSION IMPROVEMENTS - GORST TO RESERVOIR NO. 4 - AWARD OF CONTRACT 2. CLEARA.N.C-E$: (Comment on back ic Wz~ks _&,~l~ti_~s_ City,~urer ~ Pu~ r~asinfl/Su~r ~ douncil Fiscfl & ~~ee x4 co~cil Opermions Comttee FOR AGENDA OF: September 16, 1998 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Engineer ~ DATE SUBMITTED: September 8, 1998 3. EXHI~S: 1. Location Map 2. Bid Tabulation ENDORSEMENT/~. INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: (SLrMMARY STATEMENT ON PAGE 2) 5. RECOMMENDATION: The City Council award a contract for $4,057,353.45 (including sales tax) to Mid-Mountain Contractors, Inc., for construction of the project titled "36" Water Transmission Improvements: Gorst to Reservoir //4" in response to request for bids. In the event Mid-Mountain Contractors, Inc. does not enter into the contract, the City Council award a contract awarded to Robison Construction, Inc. for $4,285,963.51 (including sales tax) for construction of the project titled "36" Water Transmission Improvements: Gorst to Reservoir//4" and authorize the Mayor to execute the same. RESPONSI]3LE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED H COUNCIL DIRECTIVE: APPROVED [] DISAPPROVED [] AMENDED [] (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation The project includes construction of a 36" diameter water transmission main along State Route 3, Earhart St., and 3ra Avenue W. to Reservoir No. 4. A portion of the new main replaces a 40 year old transmission main and reservoir inlet connection that is in poor condition and nearing the end of its useful life. Because of its larger diameter, the new main will enhance the City's ability to comply with Federal and State disinfection requirements at higher flow rates during dry, warm weather. Bids for construction of the 36" Water Transmission System Improvements project were opened on September 3, 1998. The engineer's estimate is $5,264,950. Six bids were received for this project; the average of the bids received is $4,641,000. Mid-Mountain Contractors, Inc.'s bid of $4,057,353.45 was lowest, and Robison Construction, Inc.'s bid of $4,285,963.51 was second lowest. The action before the City Council is award of a contract with Mid-Mountain Contractors, Inc. for construction of the project titled "36" Water Transmission Improvements: Gorst to Reservoir ~4" for $4,057,353.45 in response to request for bids. In that ~d-M0ufitain Conlracto~, Inc. does not enter ~nto the contract, the City Council award a contract awarded to Robison Construction, Inc. for $4,285,963.51 (including sales tax) for construction of the project titled "36" Water Transmission Improvements: Gorst to Reservoir g-4". 6. IMPACT OF NON-PASSAGE: Construction of the 36" transmission main will be delayed; this will in turn delay and adversely impact the Corrosion Control Facility that is now being constructed. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT AND OTHER RESOURCES: Staffing: Budget: Facilities/Equipment: No impact - City staff have been allocated for the construction administration and inspection. No impact - This project is included in the 1998 budget. No impact. 8. RESEARCH SOURCES: I -~~ O© n~o EL I © 0 . Il BID'RTLE: DATE OPENED: CITY OF BREMERTON BID TABULATION TIME OPENED: ,,~-'o ~ OPENED BY RECORDED BY BE)DER SUMMARY ITEM 1 ITEM 2 TOTAL BID ITEM 3 ITEM 4 ITEM 5 NET BID TAX COMMENTS TOTAL · - AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Budget Adjustment- 1998 Wastewater Fund FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September~, 1998 Public Works & Utilities Gene Sampley, Directog/,~} August 28, 1998 2. CLEARANCES: (comment on back/,~,n~ec~a~// 3. EXHIBITS Director, Public Works/Utilities ~,Q~ ~ Budget Adjustment Request No. 98-28 City Attorney City Treasurer Council Budget & Finance Operations Committee MAYO~i, ~'~'~' COUNCIL PRESIDENI/~a~.,~. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A budget adjustment for the Wastewater Fund No. 451 is required in the amount of $680,000 to cover unanticipated costs of litigation in excess of the original estimate. Funds are available from a portion of the proceeds of the sale of utility property in the vicinity of the Wastewater Treatment Plant. 8. RECOMMENDATION: That City Council approves attached Budget Adjustment Request No. 98-28 to 1998 Wastewater Fund in the amount of $680,000 to provide for payment of litigation costs in excess of original estimate. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PW & Utilities Director PW & Utilities Director 10. NOTICE OF ACTION PULLED TABLED APPROVED DI; COUNCIL DIRECTIVE 7 - 11. ,-,~GENDA BILL NO: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: o IMPACT ON NON-PASSAGE: The litigation costs will remain unpaid. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Funds are available from a portion of the proceeds of the sale of utility property in the vicinity of the Wastewater Treatment Plant. 7. RESEARCH SOURCES AGENDABL Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST WASTEWATER Adjustment Number: I Approval Authority Required: r-~Treasurer 98-28 ~]Council I SOURCE OF FUNDS: r-~ Mayor fi Amount INCREASE: Property Sales 680,000 Fiscal & Budget USE OF FUNDS: INCREASE: Litigation Expenses Amount 680,000 NARRATIVE: This adjustment will provide for payment of litigation costs in excess of original estimate. is a portion of the proceeds from the sale of utility property in the viciXinity of the WWTP. The source of funds Department Head Signature Treasurer Comments: Date Director~i~lnatu e Date / '- mmended r'~ Mayor Comments: Not Recommended Treasurer's S~lnat Date ~-~ Recommended ~ Not Recommended r-~ Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Sic, lnature Date [~~Approved r-~ Denied Date WASTEWATER FUND DRAFT #2 AUG 27, 1998 1998 BUDGET AMENDMENT LITIG_A__TION COSTS Personnel Professional Servmes Travet Miscellaneoue Subtotal Litigation Costs: ADMINISTRATION CAPITAL S40 000 617 000 12,000 ! 1000 ~00 TOTAL COMMENTS ~a :c'¢, CSO Pnorr[7 ii. budgeted ,n 1998 for S970.000. has i:een :e.aye~ un3l October Subtotal: 0 O 5 Subtotal: SO SO % o o ~ 0 ~ 3 o 0 : Subtotal: $0 SO $3 0 3 0 Subtotal: TOTAL BUDGET AMENDMENT CURRENT 1998 BUDGET TOTAL AMENDED BUDGET ~0 ~0 ~0 0 0 C S680.000 FS880 $1,338,196 $z 930 CO0 S2 018.1~(~ 7¢ 250 source cf funds for adjustment See above. Filename: Amend8 Page1 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Sale of Oyster Bay Property FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: September 16, 1998 Public Works & Utilities Gene Samptey, Director~ September 8, 1998 '"2. CLEARANCES: (comment on back i?~)~7./-3-,, , ~/_ 3. EXHIBITS Director, Public Works/Utilities ~ ~~~ Copy of purchase and sale agreement City Attorney ! ?~': ~5~d/~~~-4ca City Clerk ~ City Treasurer ~ ..~. ~. I .4 _~- Cotmcil Budget & Finance Committ~~~ Operations Committee c2_.~7v/.~...~--~'-~-''- t/ -- APPROVED BY COUNCIL PI~ESIDENT.FOR SUBMITFAL: t ¥OR.'3g -.P COUNCIL PRESID 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Wastewater Utility acquired residential properties previously identified as "Zone 1" in the vicinity of the Wastewater Treatment Plant to reduce the City's liabilities for odor control through change of land use and to provide a buffer and future expansion for the facility. The property has subsequently become known as the Oyster Bay Property. A Request for Proposals (RFP) was issued and one proposal was received for purchase of 8. RECOMMENDATION That the City Council approve the Purchase and Sale Agreement with Rodney R. and Linda J. Parr and authorize the Mayor to sign the same, subject to City Policies and Procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PW & Utilities Director PW & Utilities Director PULLED TABLED 10. NOTICE OF ACTION APPROVED COUNCIL DIRECTIVE // 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: property declared surplus to the City's direct needs on February 23, 1998. A property appraisal determined the value of the property to be $2,000,000. The proposal submitted by Rodney R. and Linda J. Parr was evaluated based on price, business proposition, projected revenues to the City, and overall qualifications for the proposition offered. The proposal was determined to be responsive and acceptable. The purchase price of $1,993,305 was offered subject to certain contingencies specified in the proposal. All contingencies have been satisfied and the purchase and sale agreement attached as Exhibit 1 has been negotiated in the net purchase price of $1,938,305 which provides for a $55,000 credit for purchaser's relocation of the City storm sewer line currently on the property. It is recommended that Council approve the purchase and sale agreement between the City and Rodney R. and Linda J. Parr. 5. IMPACT ON NON-PASSAGE: Loss of much-needed wastewater revenues. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No impact. 7. RESEARCH SOURCES AGENDABL PURCHASE AND SALE AGREEMENT THIS AGREEMt;NT is made and entered into this ~ day of ) 1998, by and bct~veen the City of Bremerton, a municipal corporation (the "Seller") and Rodney R- Parr and Linda J. Parr, husband and wife (the "Purchaser"). Ao Seller is the owner of the Land and Improvements (as defined below) located in Kitsap County, Washington. Seller des/ms to sell and Purchaser desires to purchase the Land and Improvements upon the terms and conditions hereinafter set forth for the intended purpose of the sale of new and used automobiles and related repair and serv/cing. NOW, THEREFORE, based upon the mutual consideratioi~s set forth herein, Seller and Purchaser agree as follows: 1. Definitions. For purposes of this Agreement: "Agreement" means this Agreement and alt ExI'dbits and Schedules thereto, and incorporates herein by reference, as if fully set forth, the City's Request for Proposals to Purchase Municipal Property at State Highway 3 and Oyster Bay Avenue, and Buyer's Response submitted March 2, 1998, less financial information provided by Buyer. In the event of a conflict between provisions in the Request For Proposal, Response, or this ~ent, the terms of this Agreement shall control. "Closing" and the "Closing Date" have the respective meanings assigned thereto in Section 6.1 hereof; "Earnest Money" has the meaning assigned thereto in Section 5 hereof; "Improvements" means ali of the City's interest in improvements which the City has an interes which are located on the Land; "Land" means the land described in Exhibit "A" hereto; "Permitted Exceptions" has the meaning as.signed thereto in Section 7.3 hereof:, "Purchase Price" has the meaning assigned thereto in Section 3.1 hereof; ~00~ 0SNHOP~Daa~3~¥A ~C9 £9C C2~ XVd I~:~I 96/91/60 "Property" means the Land and all Improvements, Seller's interest in any offsite easements, covenants and oth~ rights appurtenant to the Land; "Title Company" shah be Land Title of Kitsap County; and "Title Policy" has the meaning ascribed thereto in Section 10.5 hereof. Contract of Sale. On the Closing Date, Seller shall sell the Property to Purchaser and Purchaser shah purchase the Property from Seller, at fire price and upon the terms and conclifio~s set forth {n tkis Agrccmcnt 3. ]Purehasg Price; P, avment Terms. 3.1 Purchase Pr/ce. The purchase price (the "Purchase Price") to be paid for the Property shall be One Million, Nine Hundred Nincty-Three Thousand, Three IqUndred and Five and 60/100's Dollars ($1393,305.60). 3.2 Payment Terms. Purchaser shall pay the entire purchase price at closing. Purchaser shall receive a credit against the purchase price as provided in paragraph 4.1 herein. 4. Post Closing Performance. As a material inducement to Purchaser's execution of this Agreement, Seller agrees to perform the following post<losing obligations: 4.1 Relocation of E~:isting Utility_ Lines, .Vacation of Rights of Way and Retention of Eas~. Seller shall, at Seller's sole expense, reroute fi:om the right of way of"G" Street to the former right of way for "H' street on the Property the sanitary sewer line. Upon reroufing the above identified sanitary sewer line, Seller shall cap and abandon the existing sanitary sewer line in "G" Street in compliance with all applicable law, and vacate the "G" Street right-of-way and all easements in favor of the Seller therein to Purchaser, retaining as necessary easement rights for existing utility lines and utility lines to be relocatcd by the Seller pursuant to this paragraph. Upon application by Purc~er consistent with tho terms of this Agreement, Seller shall further approve and permit Purchaser's relocation, at Purchaser's sole expense, of the existing 18 inch diameter storm water linc from the right of way of "E" Street on the Property to a new location under and along existing Oyster Bay Avenue and tying into the existing storm water line w/thin the fight of way of"C" Street, u_qmg comparable 18 inch pipe. This relocation shall be in accordance with City design and construction standards prior to City approval. Purchaser shall receive at closing a $55,000.00 credit against file purchase price for undertaking the relocation of this storm water linc. 4.2. OtTsite Stormwater Detention Pond. Seller shall approve the relocation of the existing stormwatcr detention pond (the "Northpond") at the North end of the Property (Parcel 007- 00) into an offsite, Purchaser built and maintained combined detention facility (the "Combined Pond") on Seller's adjacent property w/th smrmwater improvements located as shown in Exhibit "B". Thc Combined Pond will be sized to accommodate stormwater from thc Narthpond and stormwater generated from the Property, with additional capacity to accommodate stormwater generated by Seller from Seller's adjacent property, based upon thc following: coo~ 4.2. t. C4?aci _ty. The Combined Pond will have an estimated capacity of 80,000 cubic feet of storage, abject to final design review. 4.2.2. Iggl~,t~i. The Combined Pond release rates arc based on existing storm water runoff for the previous residential development on the P~'op~.-rty. Taking into account that previous runoff, the estimated storm event release rotes shall apply: Storm Event_ Release Rate 2 year, 24 horn: 4.3 cfs 10 year, 24 hour 6.9 cfs 100 year, 24 ho~ t0.7 cfs 4.3 ~iglL~.l~. Upon application by Purchaser consistent with the terms of this Agreement, Seller shall approve and permit onsitc signage at thc Property as described below and in Exhibits C through G. O_uanti .fy ~ Exhibit 2 Ford Brand Sign C 2 Mazda Brand Sign D 4 Stone Entrance Sign E I Electric Readerboard Sign F 3 Used Car Superstore Signs G adjacent to southbound ora'amps adjacent to State Route 3 Upon application by Pumhaser consistent with the terms of tlrds Agreement, Seller shall further permit and obtain all nec~sary approvals for the following off. site sign described in Exhibit "IF' herein, located as shown in Exhibit 'T': Description 1 Auto Center Directional Sign at the H NW comer of Auto Center Way and Loxie-Eagan Approval of the above described signs and locations is subject only to site plan approval relating solely to public safety, issues relative to the physic, al location of sign~. The City does not represent compliance with requirements of other jurisdictions, including appeal of City decisions, 4.4 Kelocation of Earthen Mounds/Grading and Maintenance of Freeway Berm. Seller shall use its best effom to assist Purchaser, and Purchaser shall use im best efforts to obtain all required permits and approvals from the State of Waskington and any off,er authority ncccssary to allow grading and landscaping at Pumhaser's expense of three existing earthen mounds, in accordance with the Grading and Landscaping Plans attached in Exhibit "J." Seller shall further use its best efforts to assist Purchaser, and Purchaser shall use its be.st efforts to obtain ali required permits and approvals from the State of Washington and any other authority to allow clearing, grading and landscaping, with Parchaser'~ continuing maintenance of thc berm located adjacent to the Property in the right of way boundaries of State Route 3, in accordance with the Crrading and Landscaping Plan attached as Exhibit J. 4.5 Survival; Remedies: Injunctive Relief. The post-closing obligations imposed upon Seller under this Section 4 .~hall survive closing. The parties agree that Seller's failure to use absolutely all best efforts to complete Seller's post closing obligations could cause irreparable damage to Purchnqer. Consequcntly, Seller agree~ that in the event of Seller's failure to use absolutely ail best efforts and devote all available resources to the completion of Seller's post closing obligations under of thi.q Agreement, Purchaser or Seller may, at its option, in addition to any other remedies prov/ded by law or otherwise, apply to any court of competent jurisdiction for the entry of an immediate order to restrain or enjoin such failure or breach of said provisions and to other,v/se specifically enfome the provisions of th/s Agreement. Seller and Purchaser hereby expressly waive the claim or defense in any such action that Purchaser or Seller has an adequate remedy at law or in damages. Notwithstanding the foregoing, Purchaser may, at Purchaser's option, also sue to rescind the sale and recover damages, or exercise any other remedies available at law or in equity. 4.6 Limitation of Offsite improvement Costs. Purchaser and Seller acknowledge that proposed traffic impmvemmts exist for the intersection of Oyster Bay Avenue and Wemer Road (the "Intersection Improvements") idcmtified [tx a Traffic Study dated March, 1997 (the "Traffic Study"), prepared by Parametrix, Inc. Purchaser recognizes that development of the Property will impact the intersection and that construction of the Intersection Improvemc-nts (generally including street widening, turn lanes, signali?ation, street lighting, sidewalks and drainage) will benefit the Propert'y. Purchaser further acknowledges that the City is developing improvements to the Wemer mad corridor including the Intersection Improvements based upon certain "interim improvements" identified in the Traffic Study. Seller agrees that Purchaser's thture prorated share of the Intersection Improvement's costs shall not exceed 4.0%. Purchaser agrees that payment of the prorated Intersection Improvement costs shall be due upon either I) approval of the firm building pmnit for development of the Property, or 2) within 30 days of award of a public works contract for construction of the Intersection Improvements, whichever occurs flint unless a mutually agreeable ahemative is agreed to ~ writing. This section in no way limits or modifies the Buyer's responsibilities for any other on-site or off-site improvemenm costs associated with development of the Property pursuant to Ordinances and Policies. 5. EarneSt Money. Upon joint execution of this Agreement by both Seller and Purchaser, Purchaser shall deliver to Closer (as defined h~ paragraph 6) a check payable to the 4 order of S¢iler, in t. he amount of ]'em Thousand and no/lOO's DoLlars ($10,000) (Lite "Earnest Money"). Such payment shall be credited against the Ptrrchase Price at Closing. 6. .C_!~)sing: Deliveries at Closing. 6.1 i2~_rg~flxL_Pj~. The closing of the transaCnons comempla~ed by tiffs Agreement (the "Closing") shall occur no later than 30 day.q following joint execution of th/s Agreement (the actual date of Closing being referred to herein as the "Closing Date"). Closb~g shall take place tab. rough an escrow at the offices of Land Title of Kitsap County. (the "Closer"). 6.2 Seller',~Delivefies at Closing. At Closing, Seiler shall deliver to Purchaser the following items: (a) a statutory warranty deed complying with RCW 64.04.030, conveying the Property free and clear except for the Permitted Exceptions; (b) any necessary resolutions or authorizations of Seller authorizing the sale of the Property to Purchaser and the execution and delivery of the deed and all other documents and instrument~ to be exeented by Sellcr pursuant to this Agreement; and 6.3 _Purchaser's Deliveries gt Closing. At Closing, Pumhaser shall deliver to Seller the Purchase Price, and an~, documents required by this Agreement to be delivered by Purchaser. 6.4 Possession. Purchaser shall bc entitled to full and complete possession of the Property at Closing. 6.5 Prorations. At Closing the following items shall be prorated between the Seller and Purchaser as o£ 12:01 A.M. on thc date of Closing, and the Purchase Price shall be adjusted accordingly: (a) real estate taxes; and (b) charges £or water, sewer, st~m, gas, electricity and other utility serv/ces and cable television services, if any, on the hasi.q of the fiscal period for wi'rich assessed or charged, except that if any of such utility servicc~ are metered, apportionment at Closing shall be based on the last available reading, subject to adjuslrnent ',fi[er Closing when the next reading is available; 6.6 Closing Cost~. Seller shall pay the real estate excise tax and sales tax applicable to the sale of the Real Property and the Personal Property and the conveyance of title to P~chaser, the premium for the Title Policy and one-half of the escrow fees. Purchaser shall pay one-half of the escrow fees. Each party shall bear its own attorneys' fees. 6.7 ~qmolition. Pr/or to Closing, Seller shall demolish and clear all ex/sting smmtures and debris located on tax parcel no. 4502-028-011-0003, address 1203 Bayview Drive, Bremerton, Washington 98312. Purchaser agrees to accept the Property at closing with the existing structure in 900~ F:~X)00-~ t269~ 1269,00~T~ACJ R £F2v[E~ rS'04AH ROOT ~£cg C~C C~Z XYH ~:ZT ~6/~1/60 place at tax parcei number 4502-021-001-0000, address 904 Oyster Bay Avenue, Bremerton Washington 98312, and accepts the structm'e located thereon m "AS IS" conddrio~n_ 7. TRIo E×?mlnation. 7.1 Title_Report. A_s soon as possible, and in any ewnt w/thin rwcnty-,one (21) calendar days after th/s Agreement has been executed by both Seller and Purchaser, Seller shall obtain from the Tide Company a current preliminary commitment for an ALTA standard coverage owners policy of title/.nsurance (the "Title Report") coveting the Property (showing Seller as the owner of the Property) and a copy of all instruments referred to in said Title Report. The TitLe Report a~d instruments shall be delivered to Purchaser by Seller/mmed/ately upon receipt. 7.2 Purchaser's Review. Purchaser shall have twenty (20) days (the "Re, flew Period") after its receipt of the Title Report to give notice to Seller of its a~proval of any exceptions listed on the Title Report. Exceptions specifically approved by Purchaser shall be deemed to be Permitted Exceptions (as that term is defined in Section 7.3). All exceptions as to which Purchaser does not give notice of approval within the Review Period shall be deemed to have been rejected by Purchaser. If Seller does not, within ten (10) days a.tier the expiratSon of the Review Period[, give notice to Purchaser that Seller shall prior to closing remove ail except'ions rejected by Pumhascr (exceptions evidencing or securing liquidated obligations to pay money which Purchaser is entitled to remove at Closing pursuant to Section 7.3 hereof), men th.is Agreement shall automatically be terminated and Seller or Closer, as the case may be, shall immediately return the Earnest Money to Purchaser. 7.3 Condition Of Title at Closme. SeLler shall convey and Pta'chaser shall accept a good and marketable title i.n fee simple, free a~d clear of all lie~s and encumbrances, easements, restrictions, conditions, covenants, fights, fights-of-way, and other matters, subject only to the following ("Pcrmitted Exceptions"): (a) the fights and reservations expressed in the U.S. Patent to the Land; Co) the lien of current real e~'tate taxes not yet due and payable; (c) usual and ordinary public utility easements for gas, electric, water, sewer, cable television and other utility lines, except to the extent Purchaser in its reasonable judgment dot;mil.nos such easements to be inconsistent with the Purchaser's proposed use of the Property and except any such utility easements or utility lines located with the identified fights of way of"E' Street and "G" Street; (d) zoning regulations and ordinances general to the dis'a/ct irt which the Property is located wtuch are not violated by thc present use or Purchaser's proposed use of the Property; (e) the disclosttre, waiver and release form attached hereto as Exhibit "K", and (f) such other title exceptions as may be approved by Purchaser in accordance with Section 7.2. im thc event that Seller shall have failed as of Closing to remove any title exertion, other than a P~rnitted Exception, c',ridencing or securing a liquidated obligation to pay money, Purchaser may elect to terminate this agreernen[ 8. Seller's Repr~entati0ns~.nd Warranties. Seller represents and warrants to Purchaser as follows: ~oo~l 8.1 ~_uthor~ _ty. Seller has the power to own all of its properties and assc~cs and to carry. on its business as presently conducted. The execution, deliveD, and performance of Lkis Agreement has been duly and validly authorized by all necessary action of Seller and this Agreement is a valid and bhqding obligation of Seller, enforceable against Seller in accordance with its terms. 8.2 Title. To the best of Seller's kmowledge, there are no liena, encumbrances, lea~es, security interests, comments, rights-of-way, charges, adverse claims, management agreements, continuing contracts or other exceptions to title affecting title to the Property other than those itemized in para~pb 7.3 herein. 8.3 No Defaults in Other Am'cements. Neither Seller nor (to the best of Seller's knowledge) any other party is in default under any agreement affecting thc Property, and no event exists which, v,4th the passage of time or the giving of notice or both, will become a default thereunder on the part of Selle-r or (to the best of Seller'~ knowledge) any other party thereto. 8.4 G_ompliallce with laxw$. Seller has no notice or knowledge that thc Property or its operation or use has failed to comply with any law, ordinance, regulation or oder. 8.5 Ph_'~ical Condition. Seller has no knowledge of any structural defects in the hnprovements comprising any portion of the Property. 8.6 Environmental Compliance. To the best of Selier's knowledge after due and diligent inquiry, no Hazardous Materials (as hereafter defined) are loc~ted on or about the Property. Further, to the best of Seller's knowledge (i) the Property has not been previously used for the storage, manufacture or disposal of Hazardous Mslerials; (ii) no complaint, order, citation or notice vAth regard to air emissions, water discharge~, noise emissions or Hazardous Materials, or any other environmental health or safety matters affecting the Property, or any portion thereof, .from any person, governmental authority or other entity, has been issued to Seller or, to thc best of Seller's knowledge, after duc and diligent inquiry, its predecessor-in-interest or any tenant on thc Property except for issues relating to the Metcalf and Eddy litigation; (iii) there are no underground storage tanks located on the Property;, (iv) Seller has complied with all federal, state and local environmental laws and regulations affecting the Pxopcrty; and (v) to the best of Seller's knowledge, no tenant located on the Property uses, manufactures or stores H' 'azardous Materials on the Property in violation of law. "Hazardous Materials" means any item included m the definition of baT~rdous or toxic waste, materials or substances under any present local, state and federal law relating to the environment and environmumtal conditions, 8.7 Zoning. The Property is currently zoned and will remain after closing to be zoned for Purchaser's intended use of the Property for retail sales of new and used automobiles and related services. 9. Seller's Co.v. enants. From and after the date of this Agreea~nent and continuing through Closing, Seller agrees with Purchaser as follows: 7 9.1 R/sk of Loss. Seller shall retain the risk of loss to the Property by fire or other casualty until thc deed of conveyance is delivered to Purchaser. if a loss occurs, Purchaser may elect to proceed with Closing, in which event Seller shall assign to Purchaser all of Seller's rights to im'urance proceeds payable in respect of such loss, including the sole fight to settle or approve the settlement of any insurance claim, and the Purchase Price shall bc reduced by the amount of any deductible and by the amount of any proceeds paid to Seller that are not used for repair and restoration of the Property in a manner approved by Purchaser. Purchaser shall have twenty (20) days after notice of the event to notify Seller as to whether Purchaser ¢lccts to proceed w/th Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser with all informatio~ reasonably necessary to evaluate thc loss. 9.2 ~Eminent Domain. If ail or any part of the Property is condemned or if condemnation proceedings are im-fituted, Purchaser may elect to proceed with Closing without an adjusunent in price, in which event Seller shall assign to Purchaser all its right~ to the condemnation procr.~ls, including the sole right to settle or approve the settlement of any condemnation award. Purchaser shall have twenty (20) days agrer notice of the in~titafion of condemnation proceedings to notify Seller as to whether Purchaser elects to proceed with Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser w/th all information reasonably necessary to evaluate the scope of the condemnation proceedings. 9.3 Reptesentatiorm and Warranti~. Seller shall use its best efforts to ensure that the representations and warranties of Seller contained in tkis Agreement are true and correct as of Closing. Seller shall promptly notify Purchaser if any of such representations and warranties become untrue or i~eorrect prior to Closing. 10. Conditions tO Purchaser's Obligation tO Clo, e. In addition to any contingencies listed in Section 6 above, the obligation of Pm-chaser to close hereunder shall be subject to the satisfaction of the following conditions (all or any of which may be waived, in whole or in part by Purchaser in writing): 10.1 _Repres{ntations and Warranfie~ Tree al Closing. The representations and warranties made by Seller in thi-q Agreement shall be true in all mamrial respccB as of Closing with the same fome and effect as though such representations and warranties had been made or given on and as of the date of Closing. 10.2 _Compliance with A~eemcnt Seller shall have performed and complied with all its obligations under this Agreement which are to be performed or complied with by it prior to or at Closing. 10.3 _No Damage to ProperS. The physical condition of the Property shall be as required by this Agreement. 10.4 Title. Tire to the Land and Improvements shall be good and marketable in fact and of record, subject only to the Permitted Exceptions. 600~ 0Ehrlt0£~DSaEaGiqYA !£C9 C9C C~I .'Ct~ 9~:gI 96/~I/60 10.5 Title Policy. The Title Company shall be irrevocably commit-ted to issue to Purchaser an ALTA standard coverage owner's policy of title insurance, with such reinsurance as Purchaser may reasonably requ~t, in an mount not less than the Purchase Price, insUnng Purchaqer's good, marketable and indefeasible title to the Real Property in fee simple absolute, subject only to the Pexmitted Exceptions and standard printed exceptions contained in the ALTA standard coverage owner's policy form (the "Title Policy"). 10.6 No Condemnation. There shall be no pending or threatened condemnation or talcing of any part of the Real Property or any means of ingress or egress thereto, other than a minor street widening, or other immaterial taking, which, in Purchaser's judgrnmat, does not adversely affect the Real Property. 11. Conditions to Seller's Obli~ation._to Close~ The obligation of Seller to close hereunder shall be subject to satisfaction of the following conditions (all or any of which may be waived, in whole or in part, by Seller in writing): I1.1 Representations and Warranties True at Closing. The representations and warranties made by Purchaser in this Agreement shall be tree in all material respects as of Closing with the same force and effect as though such representations and wan'antics had been ~nade or given on and as of the date of the closing. 11.2 Compliance witkAg~erlltent. Purchaser shall have performed and complied in all material respects with all its obligations under this Agreement which am to be performed or complied with by it prior to or at Closing. 12. ~~t. Seller represents to Purchaser that Seller has engaged Pollock & Company as consultant in connection with this transact/on, and that Seller is solely responsible for all fees associated with the services of Pollock and Company as consultant. Seller and Purchaser jointly represent to each other that neither has engaged the services of a r-e. al estate agent or broker in this transaction to whom any re. al estate commission might be due. 13. Failure of Seller or Purchaser to Perform. 13.1 Purchaser's Remedie~. If Seller shall default in the performance of its obligation under tlfis Agreement to sell the Property to Purchaser, then Purchaser shall have the fight to either (i) institute an action for all damages suffered by Purchaser, including without limitation, the loss of its bargain, or (ii) institute an action for specific perfom~ance to enforce Seller's obligation under this Agreement to convey t/tie to the Property and for incidental damages. 13.2 Seller's Remedies. If Purchaser shall default in the performance of its obligation under this Agreement to purchase the Property from Seller, then Seller shall have thc right to retain the Earnest Money as liquidated damages for all damages suffered by Seller, including without limitation, the loss of its bargain, which shall be Seller's sole and exclusive remedy. 010~ OCNHOC~D~MVA !it9 egg C2g Y¥~ 9t:~I 86/91/60 I4. Termination. This Agreement may be terminated only by the mutual ~vritten consent of the parties. In the event of such tcrminatio~ all obligations of the parties to each other shall terminate and the Earnest Money Note shall promptly be returned to Purchaser. 15. Indemnification. Seller and Pumh~er a~ee to indemnify each other and hold each other harmless against ~nd in respect of any loss, damage, liability, deficiency, cost or experme (including reasonable attorneys' fees), whether direct, contingent or consequential, which Purch,~ser or Seller may sustain or incur as the result of any misrepresentation, breach of warranty or non-fulfillment of any covenant or agreement on the part of Seller or Pure 'haser under this Agreement. 16- Miscellaneou sprovislons. 16.1 ~_i_~. The representations, warranties, covenants, indemnities and other obligations of Seller set forth in this Agreement shall surmve Closing and thc delivery of the deed by Seller. 16.2 ~..ounterpartq. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument 16.3 Time of the Essence. Time is of the essence of this Agreement. 16.4 Atto~. In the event of a dispute arising out of the interpretation or enforcement of this Agreement, the prevailing perry shall be entitled to reasonable attorneys' fees. 16.5 Endre .A_m'eemem: Amendment. This Agreement sets forth the entke agreemc'nt of the parties as to the subject matter hereof a~d supersedes ali prior discussions and understandings between them. Tiffs Agreement may not be amc~dcd or rescinded in any manner except by an irmmanent in writing signed by a duly authorized officer or rcprescntative of each party hereto. 16.6 ~. Should any of the provisions of this A~eement be found to be invalid, illegal or tmenfome~ble by any court of competent jurisdiction, such provision shall be stricken and the remainder of this Agreement shall nonetheless remain in full force and effect unless striking such provision shall mater/ally alter the intention of the parties. 16.7 Notices. All notices or requests required or permitted under this Agreement shall be in writing; shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid; shall be deemed ~ven when so delivered or mailed, irrespective of whether such notice or request is actually received by the addressee, and shall be sent to the parties at the addresses set forth adjacent to their signatures below. Either party may change the address to which notices shall be sent by notice m the other party. 16.8 Sue, ce, mm and Assigns. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. Purchaser shall have the absolute right to assign its rights and rcsponsibilities under this Agreement to any entity in which 10 II0~ OSN}IOF~9HM~A(INYA £&~9 ¢~C C~Z .YYH A~:ZI ~6/fI/60 Purchaser i~ the majority owner. The term "Purchaser" as ,used in ti-tis Agreement shall be deemed to include the assignee under any such permitted assigrm~ent 16.9 _G._gveming Forum. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of thc State of Washington. Jurisdiction and exclusive venue shall be in Kitsap County SUperior Court. IN WITNESS WttEREOF, the parties hereto have executed this Agreement as of rite date first above written. SELLER: crrY OF BRE1VI]ERTON PURCHASERS: By: Its: RODNEY R. PARR Address: LENDA J. PARR Address: c/o Parr Ford., Inc. PO Box 399 Brcmcrton, WA 98337-0082 11 ZlO~ O~NHO£~SHM~HQNYA ££C9 C~C C~Z X¥H 9~:~I 96/~I/60 LIST OF_EXttlBITS AzND~S CEIEDJJLES A B C D E F G H J K Legal Description Drawing and Specifications for Storrnwater Detention Facility Ford Brand Sign Mazda Brand Sign Stone Entrance Sign Electric Readerboard Sign 0 ff~ amp Signs Oyster Bay Avenue Sign Sign Location Map Landscaping Design Disclosure and Waiver Notice 12 LEGALDESCRIPTION .... "' · "· ' ' '=':: '~' ' "": ' ;N!:'::. ':~%~-//; -.'.. . :' , ..' , ',,.T..:? - --,-. .' ,-,, i; : ,'s 7-~-, '~ '~"-'..~:"2"*0 ::,5' ~.5:,;, :,.,-;-D~-,%,".',~:~."~o".'-:t,-''.:x3 ..... -%. -' :, ":' - · ~ (: ./ ', ; ' , ?,.- . {~ ,~;.,I,.-:-.:5 -.~: ''...',: t'..<-',.;;.~ 't~-' , ,1 ....... . ..,.' · :.,5.:-~:~='~-,;:?~.?'i:~.Z:c?.~?'-': '. "~.~:~. = ~ '. -- - :-: , --: ~"L~'-=';, "~'.'N"' /'-~,'-" .'~ "g' :~-.>=..{;' L'/:~ .... '.,~:" ' Legal D~cHoti°h'~5:,~:':-;%'/?:i~'/:'~:'L:~: · : '.- , - "".:'"' '.''" ¢; ,:':; ~".-:~ ,-.. -'.i"",?:::,?. '.">"" '.5 d 1- ~ :- .> ,' -: :" ' (1) Blocks 14, 20, 21, 24, 25 ~d.28,' Plat of Br~ert°n~ Eeights, ms p~r plat recorded in'.'V°i~' Page 41 Records of ~tsap Co~tY~ Wmshin~on. (2) Lot 22, Block 28, Plat of'Braert°n Heightsl as per · plat recorded in vol~e 3 of Plmts, Pmge Records of ~tsap Co~ty, Washington, ~xcep~ ~ha~ portion conveyed to the Stat~ 0f washington ~der Au~tor's File No. 991125. (3) Lots 12 ~d 23, Block 25, Plat of Br~rton ~eights, except ~at Portion conveyed to the Stmte of Was~n~on for ~hwmy p~oses under Au~tor's File No. 1000761; and mxcept the north 10 feet of s~d Lot 12, as per pl~t recorded in plats, Page 41, ~cords' of ~tsap County, Washin~on. (4) Bremerton ~eights (1203 Bayview): Lots 11 and 12, according to the 41; Block 28, Bremerton Heights,.- Plat recorded in Volume 3, Page Except that portion State highway. of above property taken for Lot 23, Block 28, Bremerton Heights, according to Plat recorded in Volume 3, Page 41, Records of Kitsap County, Washington; Except that portion of mhove property taken for State highway. Lot 24, Block 28, Br~merton Heights, according to Plat recorded in Vol,~me 3, Page 41, Records of Kitsap County, Washington; Except that portion of above property taken for State highway. 96/gi/60 ~ I 0 ~ OgNHOF~9~I~HgdNYA APPOXINZATE vou]v~ - ~0,000 C_Ir. swwr) TO REPLACE THE WP_ST {4mt !.~ D~ON POND A,N'D TO PROVIDE DL:TENTION FOR TI-iE SURPLUS PROP~'J~f AND FU~ TREA~ PLANT EXPANSION. N // · %[ CITY OF BREMERTON SURPLUS PROPERTY STORM DETENTION PON t WestSound Engineering £TO~ OSNHO£~D~fl~G~VA &!g9 C9~ t2Z ~V~ 02:ZT ~6/21/60 MAY-- B--98 ~RI ? ~E9 ,, STSO~MD EMG~MEER$ EgO 7604E9 ~. OE CITY OF BREMERTON SURPLUS PROPERTY STORM DETENTION POND AND BIOSWALE -i ,4 WestBound Engineering ~I0~ 0SKf]:10P"~D'I::[2IIz:q'QNVA £&,C9 C9C gg;~ ,YVd 09:~I 9619'[/60 OZO~ OS~HOC~gH~dNYA i£C9 C9C C~Z %¥H I~:ZI ~6/~I/80 SIGH CO ~NC P.2 EXHIBIT "E" EXHIBIT "F' ~ ~ '"98 10:46~ _ SOb SIGh CO INC P.4 III I ~IIII Il III III EXHIBIT pann BREMERTON AUTO CENTER EXHIBIT "H" PARR WEST ]m.LS JUJ3~ PLEX BREMERTON AUTO CENTER titter . L II I _ - _J II gq( fill I~O~N · H wI~I&TY ~ H~dI~I~ ~ON~,&i H~I q sd ItP~iC~ Pi ~ ~rA~NFHO~I P~td~i~4q)N (31 II April 28, I998 PROPOSED SIGN LOCATIONS (A) 3- USED CAR SIGNS (B) 2- FORD BRAND SIGNS (C) 2- MAZDA BP.AND SIGNS (D) 1- ELECTRIC READERBOARD SIGN CE_) 4- DRIVEWAY ENTRANCE SIGNS (F) AUTOCENTEK DIRECTIONAL SIGN ZC0~ OCNHOC~DHM~H~NYA AAC9 C~C C~g YYH ~:ZI ~6/~I/60 XVE (3) ..,: 7/] / C__.:.// I ;E~Z SX 0 EXHIBIT EXHIBIT K ?g0m785161 B~EMERTON LEGAL DEPT P&GE DISCLOSURE, WAIVER AND RELEASE ,ubJ~-t to t~, City of Bmmerton's operation of the Wa~t~ Water Tre~tmzat Pl~nt (~) l~ tn ~ vle~l~ of th, P~~. Buyer t~ ~w.~e, .nd n~iRhbo~ ~vlug on p~pe~ on or n~r the ~ubj.~ prope~, Buy~r, tt~ lue~ and a~ he.by wl~ and ~1~ tb~ C[~, I~ employe~, agen~ and ~u~e~n or othe~ acting In the ~ul ope~flon ~f the ~P, Collation ._. system and U~[~, i~m say elaim~ damages or lhbl~ of any nature arising ~m $~ o~ratio~ whm~er said claims are for actions in the p~t or tn tbs ~. ' AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: FOR AGENDA OF: ORIGINATING DEPT: Resolution No. 2670 in Support of ORIGINATOR: Homeporting Nuclear Powered Aircraft CarriersDATE SUBMITTED: SEPTEMBER 16, 1998 CITY COUNCIL DAVID FARR SEPTEMBER 107 1~8 comment on back 3. if necessary) Resolution No. 2670 ENDORSEMENT ,~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SLTM~RY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Resolution No. 2670 is provided to document, for the record, the community support for the capability of homeporting additional carriers in Bremerton and Everett. Similar endorsements are in process of being obtained from Kitsap County Regional Planning Council, Governor's Office, and various other community organizations. All statements of support will be presented at the ElS Hearing on September 22, 1998 for the record. ' RECOMMENDATION: Motion to ~N~ Resolution No. 2670,. recommending that the Department of Navy provide the base infrastructure capability to support the homeporting of two Nuclear Powered Aircraft Carriers in Bremerton at PSNS, and two at NAVSTA, Everett. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont. % : 4. SUMMARY STATEMENT (cont.~: IMPACT ON NON-PASSAGE: Non-passage will send mixed signals to the Navy concerning local government support for hosting Nuclear Powered Aircraft Carriers. Community group is hoping for consistent community position. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES o 7. RESEARCH SOURCES: I~SOLUTION # ~..(P 7 0 A RESOLUTION of the City of Bremerton, Washington recommending that the Department of Navy provide the base infrastructure capability to support the homeporting of two Nuclear Powered Aircraft Carriers in Bremerton, at PSNS, and two at NAVSTA, Everett. WHEREAS, the residents of Bremerton have a long and rich tradition and history of supporting and working with the Navy for over 100 years; and WHEREAS, the residents of Bremerton recognize that this is a Navy community; and WltEREAS, the quality of life for military personnel in Bremerton is the best in the Nation, and is soon to be enhanced with the planned development of Sinclair Landing; and WHEREAS, the Bremerton Community knows, understands, appreciates, and welcomes the Navy and young Navy families; and WHEREAS, Bremerton, Kitsap County, and the Greater Puget Sound Community provides excellent recreational, entertainment, and educational opportunities for young Navy families; and WI~EREAS, Bremerton has the civilian infrastructure to support homeporting of additional Nuclear Powered Aircraft Carders at PSNS; and WHEREAS, the hosting of two or more Nuclear Powered Aircraft Carders at PSNS would preserve jobs in the community, help to preserve valuable technical skills at PSNS, and strengthen and stabilize the Bremerton and Kitsap economy in such a manner as to enhance the ability of the community to support the Navy families. WHEREAS, providing the capability to homeport two Nuclear Powered Carders at PSNS, Bremerton and two at NAVSTA, Everett would enhance the strategic needs of the Navy and the Nation. NOW, TItEREFORE, BE IT RESOLVED that the Bremerton City Council provides their full support, endorsement, and encourages the Department of the Navy to provide the base infrastructure capability to support two Nuclear Powered Aircraft Carriers in Bremerton at Puget Sound Naval Shipyard and two at NAVSTA, Everett. PASSED, by the City Council of the City of Bremerton this , 1998. day of ATTEST: DAVID FARR Council President KATHLEEN McCLUSKEY, City Clerk